FALLS CREEK ALPINE RESORT MANAGEMENT BOARD
BOARD POLICY
Board Policy No. xx
DRONES – UAV/RPA
Issued: 06/2015
Operational Policy: XX
Title: Use of Unmanned Aerial Vehicles (UAV) or
Remotely Piloted Aircraft (RPA) – also known as
“Drones”
Revision No:
Replaces:
Approved on:
Next Review Date:
Purpose
TRIM:
1
June 2015
May 2017
By:
FCARMB
To ensure the appropriate rules and legal requirements are applied to DRONE
usage, commercial and private, within the defined geographical footprint managed
by Falls Creek Alpine Resort Management.
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FALLS CREEK ALPINE RESORT MANAGEMENT BOARD
BOARD POLICY
Board Policy No. xx
Policy
background
DRONES – UAV/RPA
Issued: 06/2015
This is the official policy for the usage of DRONES within the Falls Creek Alpine
Resort.
All users of DRONES are responsible for acting within the parameters of the
governing legislation.
DRONE Licensing is administered in two ways; for Commercial and/or
Civil/Hobby Use.
Compliance
Compliance with the Civil Aviation Safety Authority (CASA), via Civil Aviation
Safety Regulations part 101 (CASR101) for both commercial and Civil/Hobby use
of Drones. CASR Division 101.F and associated clauses defines the particular
reference in relation to Unmanned Aerial Vehicles (UAV).
Definition
Commercial Use of Drones
CASA defines the commercial use of a drone as any activity undertaken that is
deemed a business or income generating operation. For example, a production
company using a drone for the purposes of recording and gathering footage, or
use of drone to propel any object into the air for research or the like, that will be
defined as commercial use.
Before activating a drone for commercial purposes, CASA requires that pilots
undergo a certification process and obtain a Controller Certificate. Obtaining such
a certification recognizes the operator as being able to manoeuvre the drone
safely, and that the operator understands and abides by the rules and regulations
relating to drone flights in Australia. In addition, any company wishing to use
Drones must complete Operator Certification.
In addition, before undertaking any drone flights, commercial operators need
explicit approval from CASA in relation to launch, location and use prior to the
drones operation.
Furthermore. CASA requires that any commercial use is supported by approved
flight plans and copies of the user’s certifications.
If a commercial entity is operating a drone without the appropriate approval from
CASA, formal notification will be provided to CASA.
Civil/Hobby Use of Drones
Civil/Hobby users of drones do not need prior approval from CASA before taking
flight with their craft.
TRIM:
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FALLS CREEK ALPINE RESORT MANAGEMENT BOARD
BOARD POLICY
Board Policy No. xx
Liability
DRONES – UAV/RPA
Issued: 06/2015
Failure to comply with the following rules will result in penalties and
infringement notification being issued:
•
•
•
•
•
An operator may NOT fly closer than 30m to vehicles, boats, buildings
that are not on the operators private property or the operator must have
explicit permission from the private property owner.
The operator is NOT allowed to fly over any populated areas such as
beaches, other people’s backyards, heavily populated parks or sports
ovals where there is a game on.
The operator may NOT operate within a RADIUS of 5.5km of any
aerodrome, airfield, airport, seaplanes taking off or landing, helicopter
landing sites which may be located at hospitals, police stations or other
locations that (you – the operator?) may not be aware of.
Operators may ONLY operate during DAYLIGHT – NO night flying! Only
in good weather and you MUST be in visual-line-of-site of the RPA (what
is RPA?).
Operators may NOT fly above 400ft (123m).
In addition – further restriction can be applied to:
•
•
A Populous Area - defined as an area with sufficient density that an
unreasonable risk of death, injury or property damage would be
presented by any aspect of RPAS operations;
A UAV must not be flown over a Restricted or Prohibited area without
written approval from the relevant authority.
In the event that these rules are violated, CASA can take action in the form of
infringement notices of up to $8500 per offence.
In the event that these rules are seriously breached and injury/harm has been
caused to person(s), CASA will apply to the Commonwealth Director of Public
Prosecutions for criminal charges to be laid in accordance with Commonwealth
and State Legislation.
Depending on the circumstances, non-compliance with this policy may constitute
a request to cease using the drone.
Approval to
use a drone for
commercial
purposes
In the event of a commercial operator wanting to use a drone within the area
governed by Falls Creek Alpine Resort Management, appropriate and current
certification has to be provided and recorded by FCARM. To ensure the material
provided is correct, FCARM can perform a check on the authorised website of
Australian Certified UAV Operators Inc.
Copies of all such paperwork are to be scanned and saved for perpetuity.
TRIM:
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FALLS CREEK ALPINE RESORT MANAGEMENT BOARD
BOARD POLICY
Board Policy No. xx
DRONES – UAV/RPA
Issued: 06/2015
Noncompliance
with
commercial
usage
legislation
Non-compliance with aviation laws as determined by CASA is potentially a
criminal offence and CASA will receive and investigate all reports of misuse.
Noncompliance
with
civil/hobby
usage
legislation
Non-compliance with aviation laws as determined by CASA is potentially a
criminal offence and CASA will receive and investigate all reports of misuse.
References
Breaches of commercial usage legislation are to be reported to:
Remote Piloted Aircraft System Office
E: unmannedaircraftsystems@casa.gov.au
Attention: Richard White P: 07 3144 7550
Breaches of civil/hobby usage legislation are to be reported to:
Remote Piloted Aircraft System Office
E: unmannedaircraftsystems@casa.gov.au
Attention: Richard White P: 07 3144 7550
Civil Aviation Safety Authority
http://www.casa.gov.au/scripts/nc.dll?WCMS:PWA:1526390299:pc=PARTS101
Australian Certified UAV Operators Organisation
http://www.acuo.org.au/
Commonwealth Legislation: Air Navigation Act 1958
http://www.austlii.edu.au/au/legis/vic/hist_act/ana1958148.pdf
Vic State Legislation: Wrongs Acts 1958, Part VI – Damage by Aircraft S.29-31
http://www.austlii.edu.au/au/legis/vic/consol_act/wa1958111/
TRIM:
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FALLS CREEK ALPINE RESORT MANAGEMENT BOARD
BOARD POLICY
Board Policy No. xx
Roles and
responsibilities
DRONES – UAV/RPA
Issued: 06/2015
The following table lists the key roles and responsibilities for implementing and
maintaining this business rule.
Role
Chief Executive Officer
Responsibility to…
• provide leadership in fostering an organisational culture of
preventing, detecting, and responding to reported policy breaches
in a timely and appropriate manner
• ensure staff are aware that policy breaches will not be tolerated
and allegations will be followed up in a fair and discrete manner
• ensure policy breach risk assessments are undertaken in line with
the risk management process set out in the Risk Management
Business Rule and Guidelines
• ensure that: (does the bullet below here need to be separate?)
o controls for related risks are in place and operating
effectively
• develop, implement and manage treatment strategies for policy
breach related risks, as appropriate
• ensure that any disclosures of policy breaches are appropriately
investigated and dealt with
• ensure that policy breach related risks are reviewed and updated
at an appropriate frequency, in line with operational risk registers
• attest as part of the six monthly risk management sub-attestation,
that policy breach related risks are being appropriately managed
within their area of responsibility
Executive Leadership
Team
• foster a culture of preventing, detecting, and responding in a timely
and appropriate manner
• participate in their divisions/regions risk assessments and if
identified, contribute to implementing treatment strategies
• ensure that controls and treatments relating to policy breaches are
reviewed at an appropriate frequency to ensure a satisfactory level
of control
• be an avenue for staff to report policy breach disclosures
• understand the management response for dealing with disclosures
of policy breaches
• inform all staff and contractors of the policy breach control
measures that are to be observed within the Board and where
applicable, the Victorian Government or any other relevant agency
or organisation
Employees and
Contractors
• foster and maintain the highest standards of ethical behaviour
throughout the FCRM
• comply with the requirements of this business rule
• be aware of and abide by the Code of Conduct for Victorian Public
Sector Employees 2007
• not commit improper conduct
TRIM:
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FALLS CREEK ALPINE RESORT MANAGEMENT BOARD
BOARD POLICY
Board Policy No. xx
Maintaining
ethics and
integrity
DRONES – UAV/RPA
Issued: 06/2015
Public sector employees and contractors seek to build and maintain a high level of
trust with the Government, community and other public sector employees. They
are to behave in a manner that does not bring themselves or the public sector into
disrepute.
All FCRM employees and contractors are bound by the Code of Conduct for
Victorian Public Sector Employees (No 1) 2015 (PDF - 418 KB), as prescribed in
the Public Administration Act 2004. Failure of FCRM staff to behave in the ways
described in the Code of Conduct may lead to action under relevant performance
management or misconduct processes.
Related
documents and
forms
Board Policy XX Drones – UAV/RPA Policy (TRIM Ref: XX-XXX)
CASA Website (TRIM Ref: XX-XXX)
Code of Conduct (TRIM Ref: XX-XXX)
Code of Conduct for Victorian Public Sector Employees (No 1) 2007 (PDF - 418
KB)
Legislative
Framework
Act
Commonwealth Legislation: Air Navigation Act 1958
Vic State Legislation: Wrongs Acts 1958, Part VI – Damage by Aircraft S.29-31
Regulations
Code of Conduct for Victorian Public Sector Employees (No 1) 2007 (PDF - 418
KB)
Civil Aviation Safety Authority (CASA), via Civil Aviation Safety Regulations part
101 (CASR101)
TRIM:
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